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Foundations of Business Law and the Legal Environment (2012)
Don Mayer, Daniel M. Warner, George J. Siedel, and Jethro K. Lieberman
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From Cape Town to Kabul: Rethinking Strategies for Pursuing Women's Human Rights (2012)
Penelope Andrews
Using her experience of living under apartheid and witnessing its downfall and the subsequent creation of new governments in South Africa, the author examines and compares gender inequality in societies undergoing political and economic transformation. By applying this process of legal transformation as a paradigm, the author applies this model to Afghanistan. These two societies serve as counterpoints through which the book engages, in a nuanced and novel way, with the many broader issues that flow from the attempts in newly democratic societies to give effect to the promise of gender equality. Developing the idea of 'conditional interdependence', the book suggests a new approach based on the communitarian values which underpin newly democratic societies and would allow women's rights to gain momentum and reap greater benefits. Broad in its thematic approach, the book generates challenging and complex questions about the achievement of gender equality. It will be of interest to academics interested in gender and human rights, international and comparative law.
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Inside Wills and Trusts: What Matters and Why
William P. LaPiana
Inside Wills and Trusts: What Matters and Why offers students a concise, student-friendly study aid that provides a big-picture view of how all of the essential elements of this field fit together as part of a coherent framework of legal theory and practice. Using a wide variety of pedagogical aids, this new addition to the successful Inside Series offers basic coverage of the main themes of wills and trusts law, focusing on what matters and why, while providing students multiple opportunities for review.
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Liberalism Undressed
Jethro K. Lieberman
In Liberalism Undressed, Jethro K. Lieberman returns to liberalism's roots to explain, in accessible and readable prose, why liberalism retains its power and appeal. He begins with the memorable thesis of John Stuart Mill, who drew from earlier liberal writers, which states "the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others." Building on Mill's well-known, but rarely analyzed, Harm Principle, Liberalism Undressed undertakes to show that this widely-accepted precept-"it's a free country; I should be able to do what I want as long as I don't hurt anybody"-can justify a government robust enough to deal with pressing modern problems of human harm and suffering while restrained enough to provide people freedom to live life on their own terms. A powerful reinterpretation of liberalism's foundations, it forces us to rethink our understanding of the meaning of harm and the proper role of government in our individual and communal lives.
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New York Evidence: 2012 Courtroom Manual (2012)
David M. Epstein and Glen Weissenberger
Table of Contents only
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The Myth of Ephraim Tutt
Molly Guptill Manning
The Myth of Ephraim Tutt explores the true and previously untold story behind one of the most elaborate literary hoaxes in American history. Arthur Train was a Harvard-educated and well-respected attorney. He was also a best-selling author. Train’s greatest literary creation was the character Ephraim Tutt, a public-spirited attorney and champion of justice.Guided by compassion and a strong moral compass, Ephraim Tutt commanded a loyal following among general readers and lawyers alike—in fact, Tutt’s fictitious cases were so well-known that attorneys, judges, and law faculty cited them in courtrooms and legal texts. People read Tutt’s legal adventures for more than twenty years, all the while believing their beloved protagonist was merely a character and that Train’s stories were works of fiction. But in 1943 a most unusual event occurred: Ephraim Tutt published his own autobiography. The possibility of Tutt’s existence as an actual human being became a source of confusion, spurring heated debates. One outraged reader sued for fraud, and the legendary lawyer John W. Davis rallied to Train’s defense. While the public questioned whether the autobiography was a hoax or genuine, many book reviewers and editors presented the book as a work of nonfiction. In The Myth of Ephraim Tutt Molly Guptill Manning explores the controversy and the impact of the Ephraim Tutt autobiography on American culture. She also considers Tutt’s ruse in light of other noted incidents of literary hoaxes, such as those ensuing from the publication of works by Clifford Irving, James Frey, and David Rorvik, among others. As with other outstanding fictitious characters in the literary canon, Ephraim Tutt took on a life of his own. Out of affection for his favorite creation, Arthur Train spent the final years of his life crafting an autobiography that would ensure Tutt’s lasting influence—and he was spectacularly successful in this endeavor. Tutt, as the many letters written to him attest, gave comfort to his readers as they faced the challenging years of the Great Depression and World War II and renewed their faith in humanity and justice. Although Tutt’s autobiography bewildered some of his readers, the great majority were glad to have read the “life” story of this cherished character.
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Humanity's Law
Ruti G. Teitel
Post-Cold War history has witnessed a transformation in the relationship of law to violence in global politics. The normative foundations of the international legal order have been shifting their emphasis from state security to human security: the security of persons and peoples. Increasingly, courts, tribunals, other international bodies, and political actors draw from this new framework to assess the rights and wrongs of conflict; determine whether and how to intervene; and impose accountability and responsibility on state and non-state actors. The result of this shift is the law of humanity — a framework that spans the law of war, international human-rights law, and international criminal justice. The author explores the humanity-law phenomenon by looking to its historical roots, its contemporary tendencies, and its effect on the discourse of international relations. Humanity law’s framework is most evident in the jurisprudence of the tribunals — international, regional and domestic — adjudicating disputes often spanning issues of internal and international conflict and security. Yet because most international legal scholarship focuses on individual regimes or tribunals, it is easy to miss the evolution of a jurisprudence connecting the rulings of diverse tribunals and institutions. This jurisprudence tends to expand rights and responsibilities to encompass wider circles of conduct; sweep in additional actors within conflicts; increase the legal responsibilities of states, even for the behavior of non-state actors; and exhibit less deference to the traditional sovereign prerogatives of states, where doing so would interfere with the overriding goal of protecting persons and peoples.
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The Lawyer's Practice: A Context and Practice Case File (2011)
Kris Franklin
This innovative case file provides materials for students to work in the role of attorney as they learn and master the primary skills needed for legal practice. The file is equally suitable for first-year legal practice/legal writing classes or upper-level simulation courses focused on interviewing, counseling, negotiation or pre-trial litigation.
Student-attorneys represent clients on both sides of a lawsuit through a realistic and carefully-sequenced series of exercises that track the stages of pre-trial work while encouraging mastery of many basic skills of legal practice: research, formal and informal legal writing, interviewing and counseling clients, fact development, discovery, motion practice, negotiation and drafting.
Every chapter of the case file is scaffolded on students' earlier work and critical reflection, permitting students to develop a confident sense of professional identity as they see the results of their efforts play out as the case develops. Chapters feature lively commentary giving an overview of the assigned task and contextualizing it within the goals for the case.
The materials are accompanied by a comprehensive Teacher's Manual that includes suggestions for teaching and using the case file, detailed instructions for clients, and additional documents available only to counsel for each side.
This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific.
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Visualizing Law in the Age of the Digital Baroque: Arabesques & Entanglements
Richard K. Sherwin
Visualizing Law in the Age of the Digital Baroque explores the profound impact that visual digital technologies are having on the practice and theory of law. Today, lawyers, judges, and lay jurors face a vast array of visual evidence and visual argument. From videos documenting crimes and accidents to computer displays of their digital simulation, increasingly, the search for fact-based justice inside the courtroom is becoming an offshoot of visual meaning making. But when law migrates to the screen it lives there as other images do, motivating belief and judgment on the basis of visual delight and unconscious fantasies and desires as well as actualities. Law as image also shares broader cultural anxieties concerning not only the truth of the image but also the mimetic capacity itself, the human ability to represent reality. What is real, and what is simulation? This is the hallmark of the baroque, when dreams fold into dreams, like immersion in a seemingly endless matrix of digital appearances. When fact-based justice recedes, laws proliferate within a field of uncertainty. Left unchecked, this condition of ontological and ethical uneasiness threatens the legitimacy of law’s claim to power. Visualizing Law in the Age of the Digital Baroque offers a jurisprudential paradigm that is equal to the challenge that current cultural conditions present.
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Cases, Materials and Problems in Property (Third Edition)
Richard H. Chused
This casebook raises interesting and challenging problems concerning the development of property law. Property concepts are introduced through cutting edge issues, such as intellectual property, rights of publicity, and ownership rights in the human body. Historical dimensions are presented through discussions of laws which formerly excluded certain individuals from most forms of ownership and property control, such as Native Americans, African Americans, and women. The text covers traditional topics: estates in land, landlord and tenant laws, transfers of property, private land use controls, and constitutional limitations on public land use controls.
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Sexuality Law 2nd Ed. (2015 Online Supplements)
Arthur S. Leonard and Patricia A. Cain
This book brings together materials from a variety of legal disciplines to explore the interaction of legal policy and human sexuality. It keeps abreast with current LGBT issues with regular supplements. The authors have released the 2015 supplement online. It can be viewed here.
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The Founding Fathers Reconsidered
Richard B. Bernstein
Here is a vividly written and compact overview of the brilliant, flawed, and quarrelsome group of lawyers, politicians, merchants, military men, and clergy known as the "Founding Fathers"--who got as close to the ideal of the Platonic "philosopher-kings" as American or world history has ever seen.
In The Founding Fathers Reconsidered, R. B. Bernstein reveals Washington, Franklin, Jefferson, Adams, Hamilton, and the other founders not as shining demigods but as imperfect human beings--people much like us--who nevertheless achieved political greatness. They emerge here as men who sought to transcend their intellectual world even as they were bound by its limits, men who strove to lead the new nation even as they had to defer to the great body of the people and learn with them the possibilities and limitations of politics. Bernstein deftly traces the dynamic forces that molded these men and their contemporaries as British colonists in North America and as intellectual citizens of the Atlantic civilization's Age of Enlightenment. He analyzes the American Revolution, the framing and adoption of state and federal constitutions, and the key concepts and problems--among them independence, federalism, equality, slavery, and the separation of church and state--that both shaped and circumscribed the founders' achievements as the United States sought its place in the world. -
Competence in the Law: From Legal Theory to Clinical Application (2008)
Michael L. Perlin, Pamela R. Champine, Henry A. Dlugacz, and Mary A. Connell
The best source for a comprehensive overview of mental competency in criminal, mental disability, and civil law, Competence in the Law prepares mental health professionals to assess questions of both civil and criminal competence and to counsel lawyers and judges in cases in which these issues are germane. A landmark contribution to forensic practice, this book equips you to expertly address critical issues faced in conducting assessments within the legal system.
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Lincoln and Chief Justice Taney: Slavery, Secession, and the President's War Powers
James F. Simon
The clashes between President Abraham Lincoln and Chief Justice Roger B. Taney over slavery, secession, and the president's constitutional war powers went to the heart of Lincoln's presidency. James Simon, author of the acclaimed What Kind of Nation, brings to vivid life the passionate struggle during the worst crisis in the nation's history, the Civil War. The issues that underlaid that crisis -- race, states' rights, and the president's wartime authority -- resonate today in the nation's political debate.
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Membership for Taiwan in the United Nations
Lung-chu Chen
Membership for Taiwan in the United Nations offers the reader a spectrum of articles from today's leading legal scholars, politicians, and policy makers who thoughtfully examines the challenges and the unwavering determination behind Taiwan's pursuit of membership in the United Nations. It also includes a transcript of the international conference on Taiwan and the United Nations which captures the passion of those who care deeply about the fate of Taiwan
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Originalism, Federalism, and the American Constitutional Enterprise: A Historical Inquiry
Edward A. Purcell Jr.
In this historical examination of American federalism, Edward A. Purcell Jr. refutes the widely accepted notion that the founding fathers carefully crafted a constitutional balance of power between the states and the federal government. His argument is based on close analysis of the Constitution’s original structure and the ways that structure both induced and accommodated changes over the centuries.
There was no clear agreement among the founding fathers regarding the “true” nature of American federalism, Purcell contends, nor was there a consensus on “correct” lines dividing state and national authority. Furthermore, even had there been some true “original” understanding, the elastic and dynamic nature of the constitutional structure would have made it impossible for subsequent generations to maintain any “original” or permanent balance. Purcell traces the evolution of federalism through the centuries, focusing particularly on shifting interpretations founded on political interests. He concludes with insights into current issues of federal power and a discussion of the grounds on which legitimate decisions about federal and state power should rest.
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Remedies: Public & Private, 4th ed
David I. Levine, David J. Jung, David Schoenbrod, and Angus Macbeth
Table of Contents Only
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Saving our Environment from Washington: How Congress Grabs Power, Shirks Responsibility, and Shortchanges the People (2006)
David Schoenbrod
Congress empowered the Environmental Protection Agency on the theory that only a national agency that is insulated from accountability to voters could produce the scientifically grounded pollution rules needed to save a careless public from its own filth. In this provocative book, David Schoenbrod explains how his experience as an environmental advocate brought him to this startling realization: letting EPA dictate to the nation is a mistake.
Through a series of gripping and illuminating anecdotes from his own career, the author reveals the EPA to be an agency that, under Democrats and Republicans alike, delays good rules, imposes bad ones, and is so big, muscle-bound, and remote that it does unnecessary damage to our society. EPA stays in power, he says, because it enables elected legislators to evade responsibility by hiding behind appointed bureaucrats. The best environmental rules—those that have done the most good—have come when Congress had to take responsibility or from states and localities rather than the EPA.
With the passion of an authentic environmentalist, Schoenbrod makes a sensible plea for “bottom-up” environmental protection now. The responsibility for pollution control belongs not in agencies but in legislatures, and usually not at the federal level but rather closer to home.
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Democratizing Capital: The History, Law And Reform of the Community Reinvestment Act
Richard D. Marsico
Since 1977, the Community Reinvestment Act (CRA) has required banks to meet the credit needs of their local communities, including low-income neighborhoods. Since then, banks have committed to make more than $1 trillion in loans for housing, small businesses, small farms, and economic development in low-income neighborhoods. Despite this record, the CRA and its implementing regulations have been unsatisfactory to banks, advocates, and even bank regulators charged with enforcing the law. Author Richard Marsico traces this dissatisfaction to an imbalance in banking regulators' resolution of the CRA's tension between requiring banks to lend to low-income neighborhoods, but not requiring them to allocate credit, resulting in a CRA enforcement regime that is unpredictable and inconsistent. It will be relevant to people interested in studying, understanding, enforcing, complying with, and improving the CRA, including students, scholars, government officials, bankers, attorneys, and activists. It can be used as a supplement to a traditional banking course, in community economic development and clinical courses, and in other courses that focus on urban policy, law and social change, community organizing, and economic justice.
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Thomas Jefferson: The Revolution of Ideas
Richard B. Bernstein
In this new concise biography Thomas Jefferson historian R.B. Bernstein finds the key to this enigmatic Founder not as a great political figure, but as leader of a "revolution of ideas that would make the world over again".
Bernstein examines Jefferson's strengths and weaknesses, his achievements and failures, his triumphs, contradictions, and failings. Thomas Jefferson details his luxurious (and debt-burdened) life as a Virginia gentleman to his passionate belief in democracy, from his tortured defense of slavery to his relationship with Sally Hemings. An architect, inventor, writer, diplomat, propagandist, planter, party leader Jefferson was multifaceted, and Bernstein explores these roles even as he illuminates Jefferson's central place in American enlightenment the "revolution of ideas" that did so much to create the nation we are today. Bernstein also examines the less-remembered points in Jefferson's thinking the nature of the Union, his vision of who was entitled to citizenship, his dread of debt (both personal and national).
Thomas Jefferson is the latest title in the Oxford Portraits series, which offers informative and insightful biographies of people whose lives shaped their times and continue to influence ours. Each volume in the series is heavily based on primary documents, including writings by and about each subject. Every Oxford Portrait is illustrated with a wealth of photographs, original letters, manuscripts, and memorabilia that frame the personality and achievements of its subject against the backdrop of history. Every volume in the series can be incorporated into the American history curriculum at the middle and high school levels.
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